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Adventure Church Drops Lawsuit Against Tower Theatre



Adventure Church filed a request for dismissal in its breach of contract lawsuit against Tower Theatre. (GV Wire/Albert Baker)
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Adventure Church filed a request for dismissal in its breach of contract suit against the Tower Theatre, a court filing shows.

The church thought it had a deal in place in 2020 to buy the embattled theater in the Fresno Tower District. News of the possible sale led to public protest, with demonstrators saying the church was not a good fit for the neighborhood.

Legally, the sale ran into trouble when Sequoia Brewing Company — a tenant of the theater complex — sued to enforce its first right to buy the property.

The restaurant eventually won its case. By that time, the city of Fresno jumped in and bought the theater for $6.5 million. It also agreed to cover the legal costs of the theater and restaurant, and finance Sequoia Brewing Company’s purchase of its land for a below-market interest rate.

Adventure Church also filed suit against the Tower Theatre owners, arguing that the theater’s mistake with Sequoia Brewing Company constituted a breach of contract. A trial date was set for March 2024.

The church was unsuccessful with its request for an injunction in June to block the city from completing its purchase.

The motion, which is expected to appear on the official court docket soon, was filed “without prejudice” meaning it could be re-filed at a later date.

City Now Owns Theater

The city closed escrow last month and is currently inspecting the property to evaluate repairs and upgrades needed.

“It was the right decision, given that we followed all the rules and procedures to enter into this purchase agreement. It validates the city’s position that we have (bought) the Tower Theatre as a public asset,” Councilman Miguel Arias, who represents part of the Tower District, said.

Sources tell GV Wire that depositions for the 2024 trial started this month. The court docket shows that the church’s main attorney, David Emerzian, filed to withdraw from the case on Aug. 15.

Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

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